I get what you are saying, but........
What are you going to do, when someone convinces 30% of Native Americans to believe that Illini is a derogatory term?
Yeah I dunno. Good point kmoose. It seems impossible to me that you take a literal name and say that the name is "offensive." What happens when a Michigan fan convinces 30% of Irish people that "Irish" is derogatory? Seems ludicrous but it's hypothetically possible. That's the problem with completely subjective emotions being legislated into law... law becomes no longer about any sort of judicial black-and-white but instead about the emotion/whims of the judge.
What's crazy about the ruling, is that the only one who really tried to tie it back to the letter of the law the dissenting judge in his 18-page opinion:
To be clear, this case is not about the controversy, currently playing out in the media, over whether the term ‘redskins,’ as the name of Washington’s professional football team, is disparaging to Native Americans today.
It is astounding that the petitioners did not submit any evidence regarding the Native American population during the relevant time frame, nor did they introduce any evidence or argument as to what comprises a substantial composite of that population, thereby leaving it to the majority to make petitioner’s case have some semblance of meaning.
Basically, the case boiled down to 5 people saying "we
feel this way" and two judges saying "we
feel the same way." The last judge says "you've presented absolutely no evidence that, at the time the trademarks were approved, a large portion of the Native American population of the United States held strong beliefs that the name was disparaging."
Meanwhile, the USPO has approved trademarks with "nigga" in it... to say there is inconsistency and a double standard would be a gross understatement. I don't care about the Redskins and their name, I do care about what happens when 5 Irish people who feel offended bring a case with zero evidence besides their subjective feelings against Notre Dame.
Remember, people actually tried to get FSU to change their name and had them added to the list of "hostile and abusive" schools towards native Americans despite overwhelming support by the Florida Seminole Tribe. It wasn't until an 18-2 vote (90%... roughly the number that the flawed Anneberg study said didn't mind the term Redskins) by the Seminole Nation General Council to explicitly sanction the use of the mascot that the NCAA reluctantly removed FSU from their list in 2005.
Even after that, there are still people pushing for FSU to change their name and you can find such petitions online. The NCAA ultimately said: "The decision of a namesake sovereign tribe, regarding when and how its name and imagery can be used, must be respected even when others may not agree."
I just don't know where it stops. What happens if the vote was 12-8 instead of 18-2 because of the Oklahoma Seminoles? When judges start voting on emotion, it's a very scary and very slippery slope.